ML20040E481

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Discusses Role of Jj Cummings Re Actions Taken in Response to Applegate Allegations
ML20040E481
Person / Time
Site: Zimmer
Issue date: 08/06/1981
From: Jamarl Cummings
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To: Bradford P, Gilinsky V, Palladino N
NRC COMMISSION (OCM)
Shared Package
ML20040E458 List:
References
FOIA-81-376, FOIA-81-A-15 NUDOCS 8202040398
Download: ML20040E481 (3)


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AUS 6 1981 MEMORANDUM FOR: Chaiman Palladino Comissioner Gilinsky Comissioner Bradford Comissioner Ahearne

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Comissioner Roberts FROM:

James J. Cumings, Director Office of Inspector and Auditor DIA SPECIAL INQUIRY RE ADEQUACY OF IE INVESTIGATION

SUBJECT:

AT THE WILLIAM H. ZIMMER NUCLEAR PORER 50-358/80-09 '

STATION Mr. Applegate's allegations with, respect to my actions in this matter are as follows:

Page 16 of original GAP Petition _,

"For instance, Phillip st'ated that the NRC became aware of the allegations against Zimer after Applegate called on February 28.

On that date Applegate called NRC C.h'aiman Ahearne.

In fact, however, the process had begun two weeks earlier on February 15, ection and Audit Director James Cumings when Applegate called Ins)Applegate called Cummings several more Mr.

to lodge his claims.

times before giving up in' frustration and contacting the'Chaiman.

The relevant telephone bill for.Mr. Applegate's residence is attached asExhibit5.) Mr. Cumings received infomation which he apparently sat on."

Phillip Interview _

" Senator Glenn's office p'rovided him with the name of James,Cumings, Director, DIA. NRC.

Phillip then cxplained that Applegate claimed he contacted Cumings by ' telephone and related the infomation concerning the problems n't the Zimer site. Applegate also related to Phillip that he (Apple' gate) bec.am'e frustrated with Cumings as a result of several telephone converations with Cumings which culminated with Cumings' requesting' that Applegate provide "something in Phillip stated that Applegate writing" compiling the al,legatio,ns.

According thought about the request over a weekend-and became angry.

to Phillip, Applegate sta'ted that he was upset about the request because he (Applegate) ha'd been incurring personal expenditums to 8202040398 811230 PDR FOIA LOWENS81-A-15 PDR

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bring the infonnation to "someone's attention and now he was requested to do more. Applegate said he then called Chairman Ahearne's office who appa',rently referred the matter to IE."

In view of the above, I think 'it appropriate for me to provide, for the record, my best recollection o,T the situation.

On February 19,1981, Mr. App 1'egate al, led my office, spoke to nty secretary, and asked that I return his call. After several telephone attenpts by both Mr. Applegate'.and myself, we finally spoke two or three days later. My best recollect, ion. of the highlights of this conversation is as follows:

Because of his investigat' ion of the Zimer Plant, he feared for his life and wanted me to provide for his tra.nsportation from Cincinnati, Ohio, to Washington, D.C., and to also provide for his protective custody.

Applegate had been to both the Cincinnati FBI and the Cincinnati U.S. Attorney's office and had n'ot r'eceived a satisfactory solution from these offices of his' problem.,

He had currently locked himself in his h.ome and was afraid to go outside because of the investigative reports he had written.

He reasoned that if he could give these reports to someone in the Federal Government, then the pressure would be off him, f.e., they would be out of his control and that being the case he could go about his business with l'ess fear.

Applegate did not trust NRC and woul,d definitely not deal with the HRC Regional Office.

I told Applegate that I could 'not provide either the transportation or protective custody that he sought, but that I would be happy to receive his written investigative reports r.egarding the Zimer plant.

Applegate told me that nty having a copy 'of his reports might solve his problems, j

l but that he would have to think about it over the weekend and let me know of his decision.

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After talking to Applegate I c'a1. led the Cincinnati FBI office and verified that Applegate had been to their office s'eeking protective custody. The agent to whom I spoke characte'rized Mr. Applegate as apparently totally sane.

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Several days later, exact date not recalled, probably about February 25 or 26 Applegate again called my office, but I was not in the office to receive his call.

He called a' gain that same day and again I was not in to receive his call.

During the course, of his conversation with my secretary, during the second c'all, he asked for the name of ray supervisor.

My secretary provided this infortdation to Applegate and then called former Chairman Ahearne's secretary alerting her that I would be away from the office all day and she, riigh't expect a call from Applegate. The next morning I was contacted b;y one of, fonner Chainnan Ahearne's staff and told that he had spoken to Ap'plegate and had referred him to the Office of Inspection and Enforc,ement (I,E)

That same day I was subsequently contacted by Bill Ward, IE, who told me that he had spoken to Applegate and that Applegate had agreed t.o meet with Headquarters IE staff in Cincinnati in the next few days., In view of this arrangement I did not recontact Applegate.

Distribution:

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